Pune | 26 Nov, 2019 (3 years, 2 months ago)

Property Law

Relief under sec 38 read with sec 34

Civil Suit suggested for permanent injunction under Sec 38 and Sec 34. Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2) A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on plotB. A/B/C in full possession of all common recreation facilities from Day1 as most are on plotA. D1_D2 used facilities for few years but stopped by A/B/C from last 4-5 years. But D1_D2 uses water tank on A/B/C side from Day1. Through this planned Civil Suit D1_D2 wanted to use other facilities also like club house, swimming pool. Query is on Sections suggested for this Suit. To ask relief under Sec38 : Filing party need possession on the said property. In this scenario D1_D2 who will file Suit have partial possession only. Can maintainability of suit is questionable with planned sec 38 and sec 34 ?? Thanks, Nyadav
Riya Malhotra
26 Nov, 2019 | 15:50

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